General Terms and Conditions
GENERAL CONTRACT TERMS AND CONDITIONS
This contract is a distance contract pursuant to Article 50 et seq. of Legislative Decree No. 206 of 6 September 2005 (Consumer Code).
The contract concerns the sale of goods between SABOIL S.a.s., Via Mezzagni, 66/68 – 81030 Castel Volturno (CE) – VAT No. 02043770615, and the consumer (the Customer).
1. Contracting Parties
SABOIL S.a.s., Via Mezzagni, 66/68 – 81030 Castel Volturno (CE), which sells office, business, and retail products (hereinafter “products”).
These General Terms and Conditions apply to the sale of products by SABOIL S.a.s. Via Mezzagni, 66/68 – 81030 Castel Volturno (CE), hereinafter referred to as “SABOIL S.a.s.”, to the purchaser, hereinafter referred to as the “customer”.
These General Conditions, offers, order confirmations, and any attachments constitute the sole reference documents governing the relationship between SABOIL S.a.s. and the customer for all purchases made through this website www.saboil.it and will be jointly referred to hereinafter as the “contract”.
2. General Rules
These General Conditions govern all relationships arising from the contract and, being an integral part thereof, must be accepted and signed in its entirety without any modification, unless otherwise agreed and accepted in writing by both parties.
Any additions and/or modifications to the contract must be formulated and approved in writing by both parties in order to be considered valid and binding.
The contract will be deemed concluded when the customer, confirming the purchase order for one or more products, receives written acceptance from SABOIL S.a.s.
If SABOIL S.a.s., in preparing its offer, has set a deadline for the order, the customer must submit the relevant order within that deadline, which, however, is always subject to acceptance by SABOIL S.a.s.
The customer’s order is a firm and irrevocable offer until the date or period indicated as the expected delivery.
All estimates presented by SABOIL S.a.s. are subject to change without notice.
These general conditions apply regardless of the customer’s nationality.
3. Object
Upon order confirmation, the customer is entitled to purchase, upon payment of the agreed-upon price, the products selected from the online store published by SABOIL S.a.s. on the website www.saboil.it. These products may be modified or removed at any time at the discretion of SABOIL S.a.s., without this constituting a reason for withdrawal from the contract or incurring liability on the part of SABOIL S.a.s., which nevertheless undertakes to promptly notify any changes to the products listed in the online store. SABOIL S.a.s. ensures the immediate processing and fulfillment of orders through the electronic system used and, to this end, indicates, in real time, the estimated delivery times for each product in its online store, barring unforeseen circumstances, on the product page.
The SABOIL S.a.s. computer system will confirm the order registration in real time by sending the customer a confirmation email.
Orders will be considered binding for SABOIL S.a.s. only if the customer pays the agreed-upon amount and sends proof of payment to SABOIL S.a.s. by email in the case of bank transfer. In the case of payment by credit card or PayPal, the order will be considered binding for SABOIL S.a.s. only once the transaction has been successfully completed.
It is recommended that the customer keep a printout of the order confirmation and all subsequent notifications/communications.
4. Sales Prices and Terms of Purchase
All product prices displayed online, as indicated on the website, include VAT.
Each price will be confirmed upon order confirmation, with the addition of standard packaging and shipping costs, which will be calculated automatically by the online system.
Standard packaging means the packaging and protection required exclusively under normal travel conditions to prevent damage and/or deterioration to the product before it reaches its destination, as contractually agreed.
Specific packaging, provided upon request, will incur an additional cost, which will also be borne by the customer.
Any shipping insurance costs, if explicitly requested in writing by the customer, will be charged to the customer.
Before final confirmation of the order, the customer may and is required to check the unit costs of the products and shipping charges in the final cost summary.
At the end of the order confirmation process, the customer will receive an email with the order details, including the code, name of the products ordered, details of costs and taxes, and the total amount of the order.
If paying by bank transfer, the customer will also receive specific instructions on how to complete the transaction in the order confirmation.
If the selected product is unavailable, SABOIL S.a.s. SABOIL S.a.s. will communicate the expected delivery times to the customer, and the customer will have the right to accept or reject the order by sending a written email to info@saboil.it. In the event of a price change of more than 5% of the selected product(s), SABOIL S.a.s. will inform the customer, who will have the right to accept or reject the order by canceling the order by sending a written email to the address provided.
5. Other purchase methods
SABOIL S.a.s. informs you that, in addition to purchasing through the online store on the website www.saboil.it with its shopping cart, under the conditions described in the previous points, other purchase methods listed below are also possible and valid:
1) EMAIL: The customer must send an email to info@saboil.it specifying the following information:
a- Surname and first name or company name (for companies)
b- Tax ID or VAT number (for companies)
c- Headquarters address and shipping address, if different
b- Telephone number and email address
c- Product code and name with corresponding quantities
d- Acceptance of the terms of the Privacy Policy, giving consent to the processing of personal data as required by Legislative Decree 196/2003.
Upon receipt of the email, SABOIL S.a.s. will respond with a quote/offer indicating unit prices, availability, delivery times, and shipping costs for delivery to the indicated address, unless otherwise specified by the customer.
If accepted, this quote/offer must be signed and returned to SABOIL S.a.s. by email to info@saboil.it
6. Payment Methods
Payment for purchased products and related shipping costs must be made by the customer upon submitting the order confirmation using the available payment methods indicated below, or within three business days of sending the order confirmation if payment is by bank transfer.
SABOIL S.a.s. offers the following payment methods under the following conditions:
1) CREDIT CARD
The credit cards accepted by SABOIL S.a.s. are:
a) POSTAPAY
2) CASH ON DELIVERY: Payment in cash upon delivery (ONLY WHERE PROVIDED)
By paying by cash on delivery, you have the option of shipping the goods to an address other than that of the order holder. This payment method requires:
a) Telephone number of the order recipient;
b) Payment in cash, directly to the courier in charge of delivery, for the exact amount corresponding to the total order amount, as change is not provided;
c) Checks of any kind are not accepted unless explicitly stated on the courier’s delivery note;
d) If cash on delivery is chosen as the payment method, the customer will be charged a collection fee equal to 3.5% of the total order amount.
3) PAY PAL
PayPal is an email-based online credit card payment service active in 55 countries and territories worldwide.
It is a free service for the customer; there are no fees on payments made. Simply select the PayPal payment system and complete the order, then follow the on-screen instructions. Customers can log in and make the payment from their control panel. PayPal will never disclose users’ financial information to sellers.
PayPal is a company of the “Ebay Group” that provides an international credit card payment system via email. Almost all credit cards are accepted (including prepaid cards such as PostePay).
SABOIL S.a.s. will never gain access to users’ credit card numbers, nor will they be stored on the SABOIL S.a.s. website, as the data resides directly and exclusively within the PayPal network. For more information, please visit www.paypal.it or www.paypal.com.
7. Delivery Terms
Except as provided in Section 9 of these General Terms and Conditions of Sale, in the event of deferred payment of the price, always agreed in writing, ownership of the products supplied will transfer to the customer, with all consequences, upon delivery.
The loading and transport of the products are, in any case, the responsibility and risk of the customer, even if the transport is carried out and/or organized by SABOIL S.a.s. which is not liable under any circumstances for total and/or partial deterioration and/or damage to the goods occurring during and/or after the transfer of risk.
The customer is under no circumstances released from the obligation to pay the amount due when the deterioration and/or damage to the goods occurs during and/or after the transfer of risk.
Unless otherwise agreed, the risk of deterioration of the products will pass to the customer upon delivery.
Delivery times, in any case, begin from the date on which all documents, materials, and execution details have been provided by the customer, who is obligated to fulfill all preliminary conditions.
Delivery times indicated in orders are considered merely indicative and solely in the interest of SABOIL S.a.s., regardless of the expressions used, such as urgent, mandatory, etc.
The goods are sold ex works.
SABOIL S.a.s. reserves the right to choose the means of transport, shipping method, and courier it deems most appropriate.
Any shipments to destinations other than the customer’s premises will be made only upon prior notification, and any additional shipping costs will be borne by the customer.
Shipping organized by SABOIL S.a.s. is excluded from the product price and is the responsibility of the customer. SABOIL S.a.s. is authorized to make partial deliveries. Delivery will be deemed to have occurred on the date the products leave the SABOIL S.a.s. warehouse, regardless of the shipping method used.
In the event of a delivery delay for reasons attributable to the customer, delivery of the products will be deemed to have occurred on the date the customer receives notification declaring the products ready for delivery.
Proof of delivery will be the customer’s official stamp and/or the signature of another person authorized by the customer on the shipping document, clearly and specifically specifying the products and the quantity delivered.
If the goods are collected on the agreed-upon delivery date, SABOIL S.a.s. may terminate the contract, retaining any deposits received, without prejudice to compensation for further damages.
If the customer requests and is granted an extension of the delivery deadline, a non-reducible penalty equal to 0.5% of the agreed-upon price will be applied for each week of delay, starting from the beginning of the third week.
If the customer does not collect the goods within fifteen days of the scheduled delivery date, SABOIL S.a.s. reserves the right to update prices based on any new price list, without prejudice to the application of the penalty and SABOIL S.a.s.’s right to withdraw.
Deliveries will be deemed compliant with orders unless the customer files a formal complaint with the carrier and informs SABOIL S.a.s. immediately upon delivery or within 24 hours of delivery of the goods.
Each transport document accompanying the delivery, signed or stamped by or on behalf of the customer, merely acknowledges delivery and does not constitute a declaration of conformity of the products with these General Conditions of Sale.
The products will be considered accepted by the customer only after a suitable period for inspection has elapsed, in any case no later than five days after delivery.
Returns are not accepted without the written consent of SABOIL S.a.s., nor after ten days from receipt of the goods.
Returns of the goods are at the sender’s risk and expense and are accepted only if sent to our warehouse carriage paid and after verifying that the defect is not due to misuse.
A 15% + VAT charge will be applied to the value of the goods, with a minimum of €15.00 + VAT, without prejudice to any additional costs for any repairs, which will be charged at cost.
The reasons for the return must be specified in writing on the package containing the goods.
SABOIL S.a.s. will not be held liable for any delay and/or failure to deliver products due to circumstances beyond its control, including strikes, provided that it promptly notifies the customer if it is aware of such delay.
In any case, exceeding delivery deadlines will not be grounds for canceling current orders, blocking payments, or refusing to accept shipments, and does not give rise to claims for damages.
8. Drawings, illustrative documents, and technical data sheets
The weights, dimensions, capacities, prices, performance, and other data contained in catalogs, brochures, circulars, advertisements, illustrations, price lists, and the online sales website are purely indicative.
These data are binding to the extent expressly provided for in the contract.
Any drawings, documents, and technical information relating to the manufacturing and/or assembly of the product, as well as those relating to its parts, and any other drawings, documents, and technical information provided to the customer via the website before and/or after the contract is signed, are non-binding and subject to change by the manufacturer. Images are indicative and non-binding; product names and trademarks are used for product identification purposes only.
9. Testing
The testing of products and their mechanical parts, where required, will be carried out under the responsibility of the manufacturer.
SABOIL S.a.s. undertakes to provide any useful documentation received from the manufacturer demonstrating successful testing and/or functional testing of the product in question.
10. Retention of Title
Pursuant to Articles 1523 et seq. of the Italian Civil Code, in the event of deferred payments, the delivered products remain the property of SABOIL S.a.s. until full payment of the price, plus all costs and expenses, has been made.
In the event of default and/or insolvency by the customer, SABOIL S.a.s. shall have the right to obtain the return of any products it may have already delivered to the customer and of which it has never ceased to be the owner.
11. Warranties
By confirming the order, the customer who purchases the products fully and exclusively accepts the manufacturer’s warranty conditions for the purchased goods.
The customer acknowledges that the purchased goods will be guaranteed by the manufacturer and under the conditions set forth therein. The customer also accepts all terms and conditions of the manufacturer’s warranty, including, but not limited to, the person appointed by the manufacturer as warranty manager (a company other than the manufacturer that carries out repairs/replacements of the goods).
Installation of the goods is the customer’s responsibility. Furthermore, SABOIL S.a.s. is not obligated to provide maintenance and/or technical assistance.
SABOIL S.a.s. guarantees that the products supplied conform to the agreed specifications.
The customer, under penalty of forfeiture, must report any functional defect to SABOIL S.a.s. within seven days of delivery, or within ten days of discovery, or from when it could have been discovered through careful examination and testing of the products, in the case of hidden defects.
The customer will be entitled to benefit from this warranty only if they have fulfilled all payments and obligations to SABOIL S.a.s.
SABOIL S.a.s. is not responsible for damage or breakage caused by transport and/or failure to comply with the instructions in the instruction manual, or by improper use and/or handling of the product.
It is also not responsible for damage or breakage caused by incorrect installation of the products by the customer or by the customer’s own modifications or repairs.
SABOIL S.a.s. is not responsible for product defects or faults due to normal wear and tear of parts that, by their nature, are subject to rapid and continuous wear.
Under no circumstances is SABOIL S.a.s. liable for defects or faults caused by an event attributable to the customer after the transfer of risks.
When the customer requests the supply of products with variations of any kind and extent compared to those listed in the SABOIL S.a.s. catalog and/or online store, or otherwise requests a customized product, the customer must notify SABOIL S.a.s. in writing. drawings, technical documents, data, and any other instructions, it being understood that SABOIL S.a.s. will be required to deliver a product compliant with such variations only if they have been confirmed in writing.
Warranty coverage is limited, subject to recognition of the flaw/defect, to the repair of defective products, and does not include, in any case, full replacement, labor required for restoration and/or repair, travel, or transportation.
No reimbursement is permitted for incidental expenses incurred.
To obtain confirmation from the carrier regarding any damage caused during transportation, the customer must accept shipments with packages that are totally or partially missing and/or damaged and/or opened “with reservation.”
For all products purchased through subcontractors, SABOIL S.a.s. will be liable only to the extent of any warranty obtained from the subcontractor.
12. Force Majeure
The delivery deadline will be extended by a period equal to the duration of the impediment upon the occurrence of causes beyond the control of SABOIL S.a.s., such as fires, war (even if undeclared), general mobilizations, insurrections, seizures, restrictions on energy use, transportation disruptions, strikes of any kind, lockouts, production stoppages, defects or delays in deliveries by suppliers, and other impediments beyond the control of the parties that make delivery temporarily impossible and/or excessively costly.
Upon becoming aware of the impediment, SABOIL S.a.s. will inform the customer within a reasonable time of the existence of the impediment and the probable effects on the delivery obligation, and will similarly inform the customer of the cessation of the impediment.
Under no circumstances may the customer require SABOIL S.a.s. to: compensation, indemnities, and/or damages of any kind.
13. Liability for Delayed Delivery
If SABOIL S.a.s. delivers the goods late with respect to the agreed delivery date, the customer may not claim any compensation, as this date is to be considered merely indicative and solely in the interest of SABOIL S.a.s. as indicated in the previous points.
14. Notification of Defects and Limitation of Liability
The customer, under penalty of forfeiture, must notify SABOIL S.a.s. of the defect and/or flaw in the product within seven days of delivery, or within ten days of discovery, or from when it could have been discovered through careful examination and testing of the products in the case of hidden defects, specifying in each case the nature of the defect in detail in writing.
In any case, the notification of the defect or flaw may not be validly made after the expiration date of the warranty terms set forth in point 10 or those otherwise agreed between the parties.
The warranty referred to in this article covers and replaces all warranties or liabilities provided by law and excludes any other liability of SABOIL S.a.s. arising from the goods supplied. Specifically, the customer may not make any other claims for damages, price reduction, or termination of the contract, thus releasing SABOIL S.a.s. from any liability for indirect damages.
After the warranty period has expired, no claims may be asserted against SABOIL S.a.s.
SABOIL S.a.s.’s liability is limited to cases of gross negligence and/or willful misconduct and concerns only damage to the products delivered or the service provided, excluding any damage resulting from personal injury, damage to products not covered by the contract, loss of profits, and/or any other consequential damages of any kind.
15. Withdrawal and Termination of Contract
SABOIL S.a.s. may, at its sole discretion and without providing any justification, by simple written communication and seven days’ notice, withdraw from the contract and/or individual orders or suspend their execution without any obligation to compensate and/or indemnify.
This contract may be terminated by the customer only in the event of serious breach attributable to
SABOIL S.a.s. The customer will notify SABOIL S.a.s. of the breach by email to info@saboil.it or by registered letter with return receipt and its intention to terminate the contract, specifying the subject of the breach. If the breach is not remedied within the following thirty days, the customer will have the right to terminate the contract by further notification to SABOIL S.a.s. by further email or registered letter with return receipt.
16. Language
If the contract is drafted in multiple languages, the Italian text shall prevail.
17. Applicable Law
The contract, as well as all relationships between the parties, are governed exclusively by Italian law.
18. Dispute Resolution
Any and all disputes that may arise regarding the validity, interpretation, and/or performance of the contract will be submitted, at the request of either party, to a conciliation committee, composed of a representative of each party, empowered to resolve the dispute on behalf of the parties and with the intent to resolve such disputes amicably.
If the committee is unable to resolve the dispute amicably within thirty days of the date on which all representatives were appointed, a report specifying the reasons for the failed conciliation will be drawn up and communicated to the parties.
The Court of Caserta (Italy) shall have exclusive jurisdiction over any dispute arising from and/or in connection with this contract.
In the event of a breach of the provisions of the preceding paragraph, SABOIL S.a.s. shall have the right to take legal action, including precautionary or urgent proceedings, before the competent judicial authority of the place where the customer has its registered office and/or its actual place of business.
19. Miscellaneous
Any invalidity of one or more clauses of the contract shall not affect the other contractual provisions, nor the entire contract.
The parties shall replace, where possible, the invalid clauses with other valid agreements having equivalent or similar content.
The contract may not be assigned by the customer without the written consent of SABOIL S.a.s.